ASSESSMENT QUESTION

Liam is the owner of Sand Dune Safaris WA Pty Ltd, a tourism business offering quad bike and dune buggy tours across the Lancelin Sand Dunes in Western Australia. His most popular

attraction is the Sunset Extreme Dune Ride, where tourists navigate through a challenging course featuring steep drops, tight turns, and high-speed jumps over sand dunes. Before participating, all customers must sign a waiver acknowledging the risks of quad biking, including the possibility of injury from loss of control or collisions. However, Liam does not verbally explain the waiver or provide a proper safety briefing, assuming that the waiver alone is sufficient to inform participants of the risks.

To cut costs, Liam purchases a fleet of second-hand quad bikes from an overseas supplier. Some of these bikes have faulty brakes and worn-out suspension, making them difficult to control at high speeds. Although Liam is aware of these issues, he chooses not to disclose them, believing that participants will ride cautiously.

On a particularly busy weekend, Jordan, a university student visiting from Perth, books a Sunset Extreme Dune Ride with his friend Blake. Jordan has never ridden a quad bike before but assures the tour guide that he is confident in handling the vehicle. He ignores the guide’s recommendation to start with a slower beginner course and opts for the extreme ride instead.

Halfway through the tour, Jordan accelerates down a steep dune when his quad bike’s brakes fail, causing him to lose control and crash into a wooden fence at the bottom of the dune. He suffers a broken leg and a concussion. Seeing this, Blake, who is behind Jordan, swerves suddenly to avoid him but flips his own quad bike, suffering a dislocated shoulder and several bruised ribs.
Isla is an independent contractor who works as a freelance first-aid responder for various adventure tourism operators across Western Australia. She provides emergency medical assistance to injured tourists at events and adventure experiences. Liam has hired Isla on an informal, cash-in-hand basis, agreeing to pay her a flat daily rate to be on standby during the Sunset Extreme Dune Ride in case of any injuries.

When Jordan crashes, Isla immediately runs to assist him. However, as she approaches the crash site, she slips on a loose metal bracket that had fallen from another quad bike earlier that day. The metal bracket had been left on the sand by one of Liam’s employees after a rushed repair job before the tour. Isla suffers a fractured wrist and torn ligaments in her ankle, injuries that require surgery and prevent her from working for several months.

QUESTIONS:

USING THE IRAC METHOD, ANSWER THE FOLLOWING:

Advise Jordan and Blake of any claims they may have against Liam and Sand Dune Safaris WA Pty Ltd (20 marks).
Additionally, advise Isla on any potential claims she may have against Liam and Sand Dune Safaris WA (10 marks).

Instructions need to be followed
1. Format: Your answer must be typed and use 1.5 spacing. Page margins should be the usual Word default margins (approximately 2.5cm). Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes).

2. Bibliography: There is no need to provide a bibliography, provided that you use footnotes, endnotes or in-text referencing to adequately reference the material used in your answer.

3. Referencing: Follow the AGLC 4 Referencing style or use APA Referencing.

4. A good answer will demonstrate the following qualities:

(i) Correct identification of the relevant legal issues;

(ii) Explanation of relevant case law and legislation;

(iii) Clear application of the principles arising from case law and legislation
to the facts;

(iv) Appropriate use of sentences, headings, paragraphs and grammar; and

(v) Correct referencing of your sources.